An investigation into the development of legal forms for the delivery of community benefit and community interest

Abstract

In considering sociologically that emancipatory alternatives to dominant business institutions and social structures are evolving as a whole, as suggested by Wright, this thesis argues that the available legal form frameworks, which are evolving during the same period, have blurred historical business registers, due to a lack of clear differentiation and branding. It also argues that the legal frameworks fail to provide guidance on how to structure a community enterprise in order to garner and demarcate participation through representation. The essential interconnections between business institutions, communities and community-perceived assets are weak. The necessity to formally allow access to power-sharing and decision-making through organisational structures, and the ability to extend accountabilities on profit and surplus distribution in a way in which the community/stakeholders can participate and be represented, are essential; this can address social disconnections and benefit community outcomes. The work argues for additional guidance and branding to clearly define the legal forms open for use by business institutions, mainly social enterprises. It recommends additional regulatory governance and tests to the pre-existing frameworks, which will rectify the blurring of the registers.

Where is the social in a social enterprise and where are the communities in a community interest company or a community benefit society?